Punjab Land Revenue Act -- Proceedings under the Act - Procedure prescribed under the Act alone to be followed - Provisions of Civil Procedure Code cannot be invoked except in respect of cases as to title to property to be divided under Section 117 - Procedure applicable to Revenue Courts or Civil Procedure Code not applicable to proceedings before Revenue Officers under..........
Nazool Lands (Transfer) Rules, 1956, Rule 11 -- Certificate of transfer issued in favour of allottee of nazool land - Transfer covered by Section 2 of Government Grants Act - Provisions of Transfer of Property Act not applicable - Collector not required to execute sale-deed in favour of allottee - Transfer of Property Act not applicable in case of transfer by Government in..........
Res judicata -- Once a cause adjudicated, not to be determined again - Rule of conclusiveness of judgment as to points decided after hearing the party of universal application - If this rule not applied, there would be no end to litigation and no security for citizens - Intended not-only to prevent a new decision on same cause but also inhibit fresh investigation so that..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of tenancy land - Allowed on the basis of compromise - Compromise violative of provisions of Section 18 - Order of purchase a nullity...........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Proceedings under Punjab Security of Land Tenures Act - Defendant a minor - Duty cast on Revenue Officer to appoint guardian of minor-Sacred function of Court, be it Civil or Revenue, or a Tribunal, to safeguard interest of a minor in any pending proceedings - Order passed without appointing guardian of minor -..........
Punjab Security of Land Tenures Act, 1953, Section s, 18, 6, 16, 2(2) -- Gift of land by big landowner to wife and minor sons in 1953-54 i. e. prior to February 2, 1955 - Land in occupation of tenants - Purchase applications by tenants under Section 18 in 1960 before substitution of Section 6 in 1962 - Tenants would be tenants of donee - Purchase right to be exercised..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- As in Punjab - Limitation, starting point - From date of accrual of cause of action - Every threatened injury to title or dispossessing - Gives recurring cause of action - Moment a person claiming land not vested in Panchayat dispossessed therefrom - Recurring cause of action ceases - Claim under Section..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(1) -- As in Punjab - Claims regarding right, title or interest in any land deemed to have vested or not so vested in Panchayat - Must be submitted to Collector within time prescribed under Rule 21-A - Collector to decide about title to property and not correctness of any order passed under Section 7...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Res judicata - Locus standi to invoke - Sub-section (1) of Section 7 grants same status or locus standi against person in unauthorised or wrongful possession of shamilat deh land to : (i) Gram Panchayat, or (ii) Block Development and Panchayat Officer, or (iii) Social Education and Panchayat Officer, or (iv)..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Res judicata principles - Applicable to proceedings under the Act - Whether respondents in authorised or unauthorised possession - Finding recorded in earlier application under Section 7 that respondents in unauthorised possession - Order of Assistant Collector not implemented or got executed - Subsequent..........
